In Re DCS

99 S.W.3d 534, 2003 WL 1212943
CourtMissouri Court of Appeals
DecidedMarch 18, 2003
DocketWD 61838
StatusPublished

This text of 99 S.W.3d 534 (In Re DCS) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re DCS, 99 S.W.3d 534, 2003 WL 1212943 (Mo. Ct. App. 2003).

Opinion

99 S.W.3d 534 (2003)

In the Interest of D.C.S., D.E.S, Jr., M.J.S. and Z.N.S.

No. WD 61838.

Missouri Court of Appeals, Western District.

March 18, 2003.

*535 Bradley P. Grill, Kansas City, for Appellant.

Mark A. Hubbard, Platte City, for Respondent.

RONALD R. HOLLIGER, Presiding Judge.

A.P.S., mother, appeals the termination of her parental rights regarding her four children, D.C.S, D.E.S, Jr., M.J.S., and Z.N.S. In the proceedings below, the parental rights of the putative fathers (D.E.S, D.E.S., Sr., R.M.C., and John Doe) of the children were also terminated, but those terminations have not been appealed.

Grounds were found to terminate Mother's parental rights to Z.N.S. under section 211.447.2(1), RSMo, 2000,[1] as the child had been in foster care for fifteen of the previous twenty-two months. With regard to all of the children, grounds to terminate were also found under section 211.447.4(3), RSMo, which provides grounds for termination when the children have been under the jurisdiction of the court for over one year and the parent has failed to rectify harmful conditions that prevent reunification. The juvenile court also found that termination was in the best interests of all of the children.

We conclude that the juvenile court failed to make sufficient findings with regard to the statutory grounds for termination under section 211.447.4(3) with regard to all four children. We reverse the judgment with regard to the three eldest children, D.C.S., D.E.S, Jr., and M.J.S. We affirm the judgment for termination of Mother's parental rights with regard to Z.N.S., the youngest child, as it contains an additional, undisputed ground; and there was substantial evidence to support the juvenile court's findings that termination of parental rights was in that child's best interests.

Factual and Procedural Background

In December 2000, Z.N.S., then an infant under the age of one came into the custody of the juvenile court pursuant to allegations that the child had suffered rapid weight loss and severe dehydration without medical explanation while in the Mother's care. At trial, those allegations were substantiated, and the juvenile court found that the child had been abused or neglected in a judgment issued February 5, 2001. In its judgment, the juvenile court concluded that Z.N.S. was in need of care and treatment under court supervision for two reasons:

1) That Z.N.S. was hospitalized during the period 12/2/00-12/8/00 and again on 12/14/00, due to "dehydration, failure to thrive and ... significant weight loss while in the family home."

2) That Dr. Bruce Peters, made a written statement on 12/21/00 indicating that Z.N.S. was suffering from "severe hypernatrenic dehydration" with no physiological or medical explanation, and that this was highly suspicious *536 of neglect, "including the possibility of withholding food or fluids and/or adding salt to the diet to cause the rapid demise of the patient."

The remaining children were subsequently placed under the jurisdiction of the juvenile court in March 2001, on the basis of the judgment in the Z.N.S. matter. At that point, the older three children were left in the custody of Mother and D.E.S. Sr.

Mother had a long history of psychological difficulties. There was evidence admitted at trial that she suffered from major depression, anxiety disorder, borderline personality disorder, and narcissistic personality disorder. Her mental health history also included at least one suicide attempt.

On March 29, 2001, Mother was admitted for inpatient psychiatric treatment. The following day, D.E.S., Sr., asked that D.E.S., Jr., be placed in custody of the Division of Family Services ("DFS") due to "severe behavioral problems." As a result, he was placed in foster care. In April, the juvenile court reviewed the placement and concluded that D.E.S., Jr., could not be returned to the home due to the parents' failure to make sufficient progress in individual counseling and parenting classes and their inability to control D.E.S., Jr., due to his behavioral problems.

At that point, the two remaining children, D.C.S. and M.J.S., still remained in the custody of Mother and D.E.S., Sr. Those children were taken into DFS custody in May 2001 because Mother had administered Tylenol to D.C.S. in an attempt to control a fever the child was having. That action violated a medication agreement that prohibited her from providing medications to the children without prior DFS approval.

While the children were under the jurisdiction of the juvenile court, Mother entered into the first written service agreement with DFS. Among the services Mother agreed to participate in were: (1) attending DFS meetings and visitation sessions; (2) obtaining psychiatric help on an "as needed" basis; (3) attending counseling every other week; (4) submitting to drug screens; and (5) attending parenting classes. Mother had an inconsistent record of participation in those services. In some months, Mother would participate more actively and successfully; in others, Mother would fail to attend classes or attend therapy.

Mother's conduct also interfered with her continuing contact with the children. During a visitation session in October 2001, Mother became violent, striking a DFS worker and her supervisor, while attempting to forcibly take the children with her. As a result, the juvenile court suspended Mother's visitation, which was not reinstated until April 2002.

The Juvenile Officer filed a petition to terminate the parental rights of Mother and the putative fathers to the children on May 4, 2002. That petition alleged that grounds existed to terminate parental rights to Z.N.S. on the basis that she had been in foster care for fifteen of the last twenty-two months. It further alleged that grounds were present to terminate parental rights to all of the children under the "failure to rectify" provisions of section 211.447.4(3), RSMo. In addition to the grounds for termination, the petition alleged that termination was in the best interests of the children, given the lack of bonding with the parents.

At the conclusion of trial, the juvenile court made the following findings regarding the failure to rectify ground for termination:

22. That pursuant to Section 211.447.4(3) RSMo., the children have *537 been under the jurisdiction of the Court for more than one year and conditions of a potentially harmful nature continue to exist and there is little likelihood that those conditions will be remedied at an early date so that the children can be returned to the parents in the near future. Further, the continuation of the parent-child relationship greatly diminishes the children's prospects for early integration into a stable and permanent home and:

i. Pursuant to Section 211.447.4(3)(a) RSMo., [Mother] has made little progress in complying with the terms of the social service plans entered into by [Mother] and the Division of Family Services.

* * *[2]

iv. Pursuant to Section 211.447.4(3)(b) RSMo., the efforts of the juvenile officer, Division of Family Services and other agencies to aid the parent on a continuing basis in adjusting [Mother's] circumstances or conduct to provide a proper home for the children have failed, due to [Mother's] refusal and lack of cooperation in that:

a) [Mother] has failed to conduct herself in such a manner that would allow her contact and visitation with the juveniles by assaulting the supervising authority during a visitation.

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Related

In the Interest of C.M.M.
757 S.W.2d 601 (Missouri Court of Appeals, 1988)
In Re Adoption of W.B.L.
681 S.W.2d 452 (Supreme Court of Missouri, 1984)
In Interest of M.J. v. Greene County Juvenile Office
66 S.W.3d 745 (Missouri Court of Appeals, 2001)
Murphy v. Carron
536 S.W.2d 30 (Supreme Court of Missouri, 1976)
Juvenile Officer v. A.B.S.
9 S.W.3d 30 (Missouri Court of Appeals, 1999)
Juvenile Officer v. L.L.J.
24 S.W.3d 771 (Missouri Court of Appeals, 2000)
Juvenile Officer v. B.R.
39 S.W.3d 847 (Missouri Court of Appeals, 2001)
Juvenile Officer v. R.L.O.
52 S.W.3d 59 (Missouri Court of Appeals, 2001)
In the Interest of C.N.G.
89 S.W.3d 564 (Missouri Court of Appeals, 2002)
In the Interest of D.C.S.
99 S.W.3d 534 (Missouri Court of Appeals, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
99 S.W.3d 534, 2003 WL 1212943, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-dcs-moctapp-2003.